beta
(영문) 서울동부지방법원 2016.02.02 2014가단122871

양수금

Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 30 million and Defendant B with respect thereto from September 2, 2014.

Reasons

1. Facts of recognition;

A. Nonparty D supplied the goods, such as household accessories, to Defendant B, who was operating the household manufacturing industry in the trade name of “E”, which is a business operator that produces and sells household accessories.

B. The above A.

Paragraph C was converted into, and established as, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on July 12, 2012. At the time of incorporation, Defendant B was appointed as the representative director. The F, the spouse of Defendant B, actually operated the Defendant Co., Ltd., and F, on September 13, 2013, was appointed as the joint representative director of Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

C. F: (a) on behalf of Defendant B, the representative of the Defendant Company; (b) on August 8, 2012, to D; and (c) “30 million won” is the credit price (such as household parts, etc.) to be paid by C to E; (c) upon converting C from a personal entrepreneur to a corporate entrepreneur, the said credit price shall be paid together.

The letter of payment in the name of the defendant B and the defendant company was drawn up and issued. D.

D On April 23, 2014, the Plaintiff transferred the claim against the Defendants under the instant payment note to the Plaintiff, notified the Defendants of the transfer of the said claim on the same day, and the said assignment notice reached the Defendants around that time.

[Grounds for Recognition: The entries in Evidence A 1 to 6-2, the purport of the whole pleadings]

2. Determination

A. According to the above facts, the Defendants are obligated to pay D the price for the goods based on the instant payment note, and the Plaintiff received the above claim from D. As such, the Defendants are obligated to pay the Plaintiff, the assignee of the claim, with the amount of KRW 30 million and the following day after the delivery of a copy of the instant complaint, Defendant B, from September 2, 2014 to September 30, 2015, Defendant Company, from September 30, 2014 to September 30, 2015 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and from the next day to the date of full payment, 20% per annum and 15% per annum.

The plaintiff is the plaintiff's complaint of this case.